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2006-01-16 JPH PLANNING AND ZONING COMMISSION MEETING MINUTES MINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 16, 2006 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The Mayor called the public hearing to order at 7:22 p.m. for both the City Council and the Planning and Zoning Commission, with the following present: Mayor Torn Reid P & Z Chairperson Ruby Sandars Mayor Pro-Tern Kevin Cole P & Z Vice Chairperson Todd locco Councilmember Woody Owens P & Z Commissioner Neil West Councilmember Larry Marcott P & Z Commissioner Sheryl Greiner Councilmember Richard Tetens P & Z Commissioner Henry Fuertes Councilmember Steve Saboe P & Z Commissioner Susan Sherrouse P & Z Commissioner Darrell Diggs Also in attendance: City Attorney Darrin Coker; City Manager Bill Eisen; Deputy City Attorney Nghiem Doan; Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; City Engineer Doug Kneupper; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann; Plan and Plat Administrator Richard Keller; Planner 1 Diana DuCroz, and Planning Administrative Secretary Judy Krajca. Senior Planner Theresa Grahmann explained the Joint Public Hearing process for the attending public, and explained that the Planning & Zoning Commission Meeting will immediately follow the Joint Public Hearing. PURPOSE OF HEARING The Public Hearing for Zone Change 2006-08S was called to order at 7:23 p.m. by Mayor Tom Reid, and by Planning and Zoning Chairperson Ruby Sandars. A. Zone Change 2006-08S A request by K. A. Abraham, applicant for Vo Vi Friendship Association, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for a church and church facilities, in the Single Family Dwelling District (R-1(S)), located on the West Side of Piper Road, and South of FM 518 (Broadway Street) Chairperson Ruby Sandars read the purpose into the record. JPH Minutes, 1/16/06 Page 1 of 8 Senior Planner Theresa Grahmann presented the Staff Report. Staff received 18 public comment forms: 1 for and 17 against — mainly stating concerns with traffic. Staff recommended approval of this Specific Use Permit. The applicant was not present to speak. There were several in the audience that spoke against the SUP. Mr. Richard Wells of 2736 Piper Rd., Pearland, TX 77584 spoke of concerns with the traffic. Mr. William Ebeling of 2740 Piper Rd., Pearland, TX 77584 spoke of concerns with traffic and flooding, and Mr. Mike Murphy of 3011 Piper Rd., Pearland, TX 77584 spoke that he would like to see the area remain residential. There was no one else to speak for or against the Zone Change. There was minimal discussion among Council/Commission/Staff. The Public Hearing for Zone Change 2006-08S was adjourned at 7:35 p.m. The Public Hearing for Zone Change 2006-04Z was called to order at 7:35 p.m. by Mayor Tom Reid. B. Zone Change 2006-04Z A request by Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-2) to Office and Professional District (OP), located on the Northeast Corner of County Road 59 and Kirby Drive. Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the staff report. Staff recommends approval of this zone change. Mr. Dale Hardy, a representative of the applicant spoke briefly in favor of the zone change. No one was present to speak for or against the zone change. P&Z Commissioner Fuertes asked what a "retail node" was, and Senior Planner Grahmann explained. There was no further discussion. JPH Minutes, 1/16/06 Page 2 of 8 The Public Hearing for Zone Change 2006-04Z was adjourned at 7:41 p.m. The Public Hearing for Zone Change 2006-05Z was called to order at 7:41 p.m. C. Zone Change 2006-05Z A request by Paciano Rangel, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-2) to General Business District (GB), located on the South Side of Future McHard Road, and West of Hatfield Road Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff received two public comment forms against. Staff recommends denial of this zone change. The applicant was not present to speak. There were several from the audience that spoke against this zone change. They were: Mary Helen Perez of 1618 Hatfield, Pearland, TX •— 77584 with concerns of the re-zoning and the road; Cathy Ruff of 1614 Hatfield Rd, Pearland, TX 77854 with concerns of the road being too narrow; Joanne Parisher of 1543 Hatfield Rd (P.O. Box 2383), Pearland, TX 77584 spoke against the GB zoning,; and Olivia Maria Garza of 1610 Hatfield, Pearland, TX 77584 spoke in regards to the traffic and the unknown business that would come in. There was no one else to speak for or against this zone change. Councilmember Saboe asked if the house was still on the property and was told it was, but not occupied. There was discussion that the City of Pearland would own the existing house soon, and City Attorney Coker stated that it was his understanding that the house would be moved when McHard Road construction begins. There was brief discussion between Council/Commission/Staff. The Public Hearing for Zone Change 2006-05Z was adjourned at 7:58 p.m. The Public Hearing for Zone Change 2006-03Z was called to order at 7:58 p.m. by Mayor Tom Reid. JPH Minutes, 1/16/06 Page 3 of 8 D. Zone Change 2006-03Z A request by Frank Chavez, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-1) to Commercial District (C), located on the East Side of Harkey Road, and on the North Side of Willow Street Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. Staff recommended denial of this zone change to (C) stating their concerns in their report. The applicant was not present to speak. Present to speak against this zone change was David Jones of 6730 Del Bello Rd., Manvel, TX 77578. He owns the property on each side of the said lot. There was no one else present to speak for or against this zone change. There was no discussion between Council/Commission/Staff. The Public Hearing for Zone Change 2006-03Z was adjourned at 8:09 p.m. The Public Hearing for Zone Change 2006-03Z was called to order at 8:09 p.m. by Mayor Tom Reid E. Zone Change 2006-01Z A request by Jay Javadi, applicant for Donya, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-4) to Commercial District (C) located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive. Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann gave the Staff Report. Staff recommends approval. Two public comment forms were received in favor of this zone change. The applicant, Jay Javadi was present and spoke briefly in favor of this zone change. JPH Minutes, 1/16/06 Page 4 of 8 No one was present to speak for or against this zone change. There was discussion between Council/Commission/Staff in regards to the detention being a previous issue on this site. Mr. Marcott stated the entire lot was not being used as detention, but if a part needs to be, that the applicant would have to comply. Chairperson Sandars asked where the offsite detention was, and City Engineer Kneupper explained that there was no detention now, but if necessary, it would be offsite in the Independence Park detention area. Brief discussion continued on this subject with Mr. Marcott, Mr. Eisen, and Mr. Coker. The Public Hearing for Zone Change 2006-01Z was adjourned at 8:21 p.m. The Public Hearing for Zone Change 2006-09Z was called to order at 8:21 p.m. by Mayor Tom Reid F. Zone Change 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to General Business District (GB), Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao gave the Staff Report. Staff recommended denial of the zone change to GB; however, staff recommends approval of a zone change to NS. Staff received 5 public comment forms in favor of this zone change. The applicant, Mr. Sudershan Jambulapati spoke asking for the GB zone, stating he wanted to build a small retail business. There was no one present to speak for or against the zone change. There was brief discussion between Council/Commission/Staff. Councilmember Marcott stated he supported the NS change instead of the GB change. Chairperson Sandars asked if the applicant was okay with the NS change instead. The applicant stated he wants to build a small retail facility, but stated he does not fully understand the difference between GB and NS. Commissioner Fuertes asked Staff if the NS would allow a retail facility, and Ms. Krishnarao stated yes, depending on the tenants. There was no further comment. JPH Minutes, 1/16/06 Page 5 of 8 The Public Hearing for Zone Change 2006-09Z was adjourned at 8:29 p.m. The Public Hearing for Zone Change 2006-02Z was called to order at 8:29 p.m. by Mayor Tom Reid G. Zone Change 2006-02Z A request by Clayton Dykes, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Heavy Industrial District (M-2) to Commercial District (C), located on the West Side of SH 35 (Main Street), and on the South Side of Magnolia Street. Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report, recommending denial. The applicant, Mr. Clayton Dykes spoke in favor of the zone change. There was no one present to speak for or against this zone change. There was discussion between the Council/Commission/Staff. Councilmember Cole wanted clarification that the applicant was only seeking a change on 4.5 acres, and not the entire 6.5 acres. City Attorney Coker explained that the applicant could go with less acreage. Councilmember Cole stated he supported this. Councilmember Marcott strongly voiced his opinion with the concern of rezoning more M1 and M2 zones. He supports the Lions Club, but does not support this location. Councilmember Cole stated he agreed with Councilmember Marcott on the concern of the M1 and M2 zoning, but asked how many industrial permits had been requested in the last five years. Councilmember Marcott stated that the PEDC is currently putting in a sewer line, but it hasn't been there in the past. Councilmember Cole was concerned with where is Industrial going. He felt most industrial was going towards major freeways. Brief discussion continued between Council/Commission/Staff. The Public Hearing for Zone Change 2006-02Z was adjourned at 8:47 p.m. The Public Hearing for Zone Change 2006-07Z was called to order at 8:47p.m. by Mayor Tom Reid. H. Zone Change 2006-07S JPH Minutes, 1/16/06 Page 6 of 8 A request by Morrie Sheets of U Stor, applicant for Palivela P. Raju, Successor Trustee of The Sikander Hayat Durrani Trust and the Omar Hayat Durrani Trust, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for Storage and Mini-Warehouse in the Commercial District (C (S)), located on the East Side of SH 35 (Main Street), and North of Halik Road. Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report, recommending approval of the zone change. Mr. Nicholas Howell, a representative of U Stor of America, spoke in favor of the zone change and passed out pamphlets and pictures. There was no one present to speak for or against this zone change. Staff thanked the applicant for the pamphlets and pictures. There was no discussion from Council/Commission/Staff. The Public Hearing for Zone Change 2006-07Z was adjourned at 8:54 p.m. The Mayor called a short recess. The Public Hearing for Zone Change 2006-06Z was called to order at 9:02 p.m. by Mayor Tom Reid. I. Zone Change 2006-06Z A request by Kerry R. Gilbert & Associates, Inc., applicant for Pearland Investments, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Estate Lot Single Family Dwelling District (R-E) and Light Industrial District (M-1) to Planned Unit Development District (PUD), located on the South Side of Broadway Street, and on the East Side of FM 521. Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. She stated staff is generally in favor of a Planned Unit Development (PUD) for that area. This is an addendum to the original Shadow Creek Ranch PUD; however, staff reviewed this as a new PUD. Staff still has concerns with Density, Parks, Thoroughfares and Sidewalks, but is in favor of the PUD. Mr. Gary Cook of Shadow Creek Ranch spoke, and the applicant, Kerry JPH Minutes, 1/16/06 Page 7 of 8 Gilbert, showed a PowerPoint on the PUD Addendum. ..� There was one person to speak in favor of this PUD, Ms. Helen Beckman of 2705 Churchill St., Pearland, TX 77581. There was much discussion between Council/Commission/Staff on this PUD Addendum. Positive comments centered around this being a great opportunity to expand Broadway Street. The sidewalk issue was discussed at great length. Only 8 feet sidewalks are required on one side. Staff would like to see 6 feet sidewalks on each side for the safety of the children. Assistant City Manager Finan explained that he wanted Council to know that Staff addressed all the issues the Council has asked them to address in the past. He asked if Council was okay with this, Staff would work with the P & Z Commission. Councilmember Saboe stated he appreciated the analysis that Staff prepared and found it to be helpful. He also stated that Shadow Creek Ranch's tract record was excellent. Councilmember Marcott wrapped up the Council/Commission/Staff discussion with the same concerns that Planning Director Krishnarao shared on the sidewalks. The Public Hearing for Zone Change 2006-06Z was adjourned at 10:27 p.m. ADJOURNMENT The Joint Public Hearing adjourned at 10:27 p.m. These minutes are respectfully submitted by: i-1 Judy D. rajca Planning Administrative Secretary Minutes approved as submitted and/or corrected on this ger4 day of ( ✓� , 2006. Tom Reid Mayor JPH Minutes, 1/16/06 Page 8 of 8